The
issue of late payments continues to be a problem for many small businesses. Confederation
of British Industry (CBI) statistics give £31,000 as the average amount that UK
businesses are owed and put the total of outstanding late payments at over £30
billion. According to Matthew Fell, the CBI’s Director for Competitive Markets,
“…many firms are being held back from growing and creating jobs because they
are owed thousands of pounds.” This, he says, is unacceptable, and he advocates
measures to “create a culture of prompt payment in all businesses.”
Suggestions for Promoting
the Culture
The
CBI has volunteered a number of suggestions in response to the government’s
late payment consultation, but warns that introducing heavy-handed regulations
could be counter-productive, discouraging dealings with UK firms and giving
overseas competition an advantage. They therefore recommend voluntary policies
and procedures to encourage the culture of prompt payment.
These
include setting a target maximum payment term which could depend on the
complexities of contracts. Another recommendation is to make policies more
transparent so that supplier payment arrangements can be seen on company
websites. The organisation also believes that the term ‘grossly unfair’ in the 2013 Late Payment Regulations is too vague and
should be clarified.
Taking Legal Action
Many
small businesses are fearful of charging the interest they are legally entitled
to on late payments. They tell their bookkeepers
that they fear that customers will take their business elsewhere if they do so.
Others
whose efforts at chasing payments have got nowhere are considering whether to
take their debtors to court. But what are the financial implications of this?
What would it cost and what could be recovered from the debtor?
One
firm of debt recovery solicitors have made it easy to work it all out. Lovetts
have put a claim calculator on their website for anyone to use. Based on specified
fixed fees, it gives a breakdown of amounts that can be claimed and a minimum
figure of what would be recoverable.
For
example, on a debt of £5,000 that is 92 days overdue, the statutory interest
would be £107.12, with a compensation amount of £70. When the fixed fee recoverable
outgoing of £102 is included, this brings the minimum claim amount to £5279.12.
Outsourced bookkeepers know that other
legal costs could also be recovered making the action worth taking, provided
there is a cast iron case that the debt is owed and the payment terms have
clearly been breached. If you are worried about how to chase late payments,
it’s worth discussing it with your bookkeepers as a first step.